General terms and conditions
Terms and Conditions for the long-distance transactions of the Kempinski Hotel Muscat owned by Omani Hospitality Company SAOC
1. Scope of Application
1.1. These Terms and Conditions (hereinafter called "T&C") apply exclusively to the contracts on the purchase of vouchers in the online shop concluded between ourselves
Omani Hospitality Company SAOC
Kempinski Hotel Muscat
335 Street 6
PO Box 57, PC 138
Muscat, Sultanate of Oman
CR number 1154969
Phone: +968 2498 5000
Fax: +968 2498 5555
and you as our customer. The T&C apply regardless whether you are a consumer, entrepreneur or trader.
1.2. Any agreements made between you and ourselves in connection with the purchase contract result particularly from these sales terms, our order confirmation and our declaration of acceptance.
1.3. The T&C are applicable in the version which is valid at the time the contract is concluded.
1.4. We do not accept any of the customer’s deviating terms. This shall also apply if we do not expressly object to them.
2. Conclusion of a Contract
2.1. The presentation of articles and their promotion on our website does not constitute a binding offer for concluding a purchase contract, but rather an invitation to you to order the vouchers described in our online shop.
2.2. A contract shall be deemed concluded only as soon as we have accepted your order by our declaration of acceptance or by delivering the vouchers ordered.
2.3. We will save the contractual wording and send the order dates and our T&C to you per e-mail. The T&C can be viewed via the link voucher shop link to be added at any time. Your order dates will not be accessible on the Internet anymore for security reasons.
2.4. The only language available for concluding the contract is English.
3. Right of Withdrawal
3.1. If you are a consumer (i.e., a natural person placing an order for a purpose that is not part of your commercial or professional freelance occupation), you are entitled to exercise the right of withdrawal within the scope of legally applicable regulations.
3.2. Should you make use of your right of withdrawal according to clause 3.1., the regular cost of return postage shall be borne by you.
3.3. Furthermore, those regulations shall apply to the right of withdrawal as they are set out in detail in the following
Instruction on the Right of Withdrawal
Right of Withdrawal
You are entitled to withdraw from this contract without giving any reasons up to the moment that the online voucher has been sent to you. After that, your right of withdrawal is null and void.
The withdrawal period will expire once the voucher has been sent to you or a third party.
For the purpose of exercising your right of withdrawal, you need to notify us by way of a clear declaration (e.g., by posting a letter, by fax or e-mail) of your decision of withdrawing this contract. You may use the template of form of the withdrawal, but it is not obligatory. If you make use of such option, we will immediately send to you (e.g., by e-mail) a confirmation about the receipt of such withdrawal.
Consequences of Withdrawal
If you withdraw from this contract, we shall repay to you – immediately and within 14 days at the latest from the day on which we have received your withdrawal of that contract – all payments received from you. For making such payment, we will use the same mode of payment as was used by you in the original transaction, unless expressly otherwise agreed with you; in no case shall any respective re-transaction fees be charged to you.
End of the Instruction on the Right of Withdrawal
3.4. If you choose to withdraw the contract, you can fill in the following form and return it to us
Template of Withdrawal form
Omani Hospitality Company SAOC, Kempinski Hotel Muscat, Voucher Return, 335 Street 6, PO Box 57, PC 138, Muscat, Sultanate of Oman or to email@example.com
I/we (*) hereby rescind the contract concluded by me/us (*) on the purchase of the following goods (*)/on the rendering of the following services(*)
– Ordered on(*)/received on(*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signed by the consumer(s) (only on hardcopy notification)
(*) Delete if inapplicable
4. Prices and Terms of Payment
4.1. There is no cash disbursement for the purchased or ordered vouchers.
If the consumption is less than the amount stated on the voucher a maximum of 10% of the amount can be reimbursed in cash.
4.2. Value vouchers do not include any applicable service charges or taxes, as the voucher itself represents a 100% credit. V.A.T. is only reflected in the actual calculation by the hotel. All other prices in our online shop are inclusive of service charges and applicable taxes.
4.3. The voucher is only valid upon receipt of the full payment made by the customer.
4.4. All vouchers are valid for one (1) year and must be redeemed within this period.
4.5. Our invoices are due immediately. Payment shall be made by credit card (MasterCard, VISA or verified by VISA) or by encrypted immediate online-transaction after the order has been completed.
5. Delivery dates and deadlines
5.1. The term of delivery will be stated by us in acceptance of the order.
6. Retention of Title
6.1. The hotel retains title to the goods until all legitimate claims have been completely fulfilled. For customers who are not consumers, this takes effect until complete fulfilment of all claims arising under the total business relation with the customer.
6.2. Pledges and assignment as security are not permitted. The customer must inform us immediately in the event that the property subject to the reservation of title is seized by a third party. The customer shall bear the cost of reversing such seizure and reacquiring the goods supplied by ourselves.
6.3. For customers who are not consumers, the following provisions applies additionally: The customer shall be entitled to sell the goods subject to the reservation of tittle in the normal course of business. You hereby assign to us all the claims that arise from the resale. We accept the assignment. You are authorised to collect the assigned debts as long as you are not in default of payment. We are entitled to revoke this direct debit as soon as you cannot meet your payment obligation. In this case you are obligated to make all the entries that are required to collect the accounts receivable. If the goods subject to the reservation of title are combined with other items, the reservation of title shall continue to apply with respect to the newly created item. We shall thereby acquire a co-ownership share in the ratio of the value (invoice value) of the goods subject to the reservation of title to the value of the other combined items. If one of the combined items is regarded as the main item, you shall transfer to us a co-ownership share in the ratio of the value of the goods supplied by us (invoice value) to the value of the other combined items. You shall keep the newly created item in safe custody, free of charge.
6.4. In the event that the law applicable in the country, in which the subject matter of the delivery is located, does not permit the agreement of a reservation of title, or does so only in a limited form, we may reserve other rights over the delivered goods. You are obliged to assist with all measures (e.g. registration) necessary for effecting the reservation of title or rights in substitution of a reservation of title, and to assist in the safeguarding of such rights.
7. Warranty Claims
7.1. For customers who are consumers the statutory provisions for warranty shall apply. In the event of claiming warranty, please contact the address as set out under clause 1.
7.2. For customers who are not consumers, the following provisions applies additionally: Your warranty are firstly limited to the right of reworking or replacement delivery after granting an appropriate period of time. In the event of failure, i.e. impossibility, impracticality, refusal or unreasonable delay in reworking delivered goods or delivering replacement goods, you shall be entitled to withdraw from the contract or reduce the purchase price appropriately. The period of warranty for defective goods supplied by us is 12 months from the passing of risk. This time limit does not apply to damage claims arising from injury to life, body or health or arising from intentional or grossly negligent breach of duty by us or our agents in contract. In such case shall applies the statutory provisions.
8.1. We are liable for any culpable breach of our essential contractual obligation accordance with the statutory provisions. Essential contractual obligations (so called "cardinal obligations") are such obligations that need to be fulfilled in order for the contract to be properly performed. However, unless our conduct has been either grossly negligent or intentional, we shall be liable only for the typically accruing and foreseeable damage.
8.2. In all other cases we are liable if damages has been caused intentionally or grossly negligently by one of our statutory representatives or by a vicarious agent.
8.3. In the case of assumption of a guarantee or for damages arising from injury to life, body or health we are liable according with the statutory provisions.
8.4. Otherwise claims against us for damages arising out of breaches of duty are excluded.
9. Data Protection
9.1. We collect, process and use your personal data, for the processing of your order, including your e-mail address when you reveal it to us. For checking the credit standing, we may use information (e.g., a so-called score value) from external service providers. Such information also includes information about your address. The personal data are subject to a computer-assisted processing and storage. The information will not be shared with third parties.
9.2. Your security is top priority! Therefore security-relevant data like credit card number, bank code, bank account number, name and address will be transferred encrypted via SSL line. This ensures that no unauthorized person can access your data during the internet transmission. To ensure further security, we implement extra security measures in our voucher shop.
10. Arbitration and Dispute Resolution
10.1. In general, Omani Hospitality Company SAOC is not willing and not obligated to participate in a dispute resolution processes.
11. Final clauses
11.1. The place of performance for the rights and duties of both contracting parties (businessman, legal person or any person whether governed by public law or public law special fund) arising from legal transactions of any kind, as well as for payments in particular, is exclusively Muscat, Sultanate of Oman. The same shall apply for persons who do not have their general place of jurisdiction in the Sultanate of Oman, or who have relocated abroad following the conclusion of the agreement, or whose place abode or regular place of residence is unknown at the same time of the action being filed.
11.2. The invalidity of individual provisions of this contract shall not affect the validity of the remaining provisions and continued existence of the contract. A reasonable regulation shall apply instead of the ineffective or impracticable provisions or shall fill the gap, which – as far as legally possible – is closest to that what the contractual parties wanted and would have wanted according to the sense and purpose of the contract, so far, they had considered the point upon competition of the contract or with later inclusion of a provision. The same shall apply in case of a gap in this contract.
11.3. The law of the Sultanate of Oman applies for contracts between the provider and the customer.
Omani Hospitality Company SAOC
Kempinski Hotel Muscat
335 Street 6
PO Box 57, PC 138
Muscat, Sultanate of Oman